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HomeMy WebLinkAbout03-16-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Edna Sweet Chase File Number ~/ " t~~~ / - (./~~ also known as Edna S. Chase Edna Sweet Chase a/k/a Edna S Chase ,Deceased Social Security Number 179-20-0825 l~borah McHuah Petitioner Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' OR 'B' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the SUCCeSSOr EXECUtrIX named in the last Will of [he D_ec_edent dated 12/20/1996 and codicil(s) dated ~_J.~~.. ,, _ •. _. (State relevant circumsmrcces, e.g., renunciation death ojexeeu[or, ete.J Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not [he victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of Administration (Ijapplicable, enter a ta.; d. b.n.e t. a.; penden[e lice; durance absentia; durance minarimteJ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:(Ij Administration, c. t. a. or d. b. n. c. t. a., enter date ofWifl in Section A above and complete fist ojheirs.) county, state, ztp Decedent, [hen 81 years of age, died on 2/15/2009 at The Gardens Bridges at Bent Creek 2100 Bent Creek Boulevard Mechanicsbur PA 17050 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 18 000 00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $_ 30 000 00 242 East Union Boulevard, Bethlehem, PA situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in [he appropriate form to the undersigned: _ _..__ -_.. _....-.~ ~,,.,~.~,,.~ ~,..ua.n uuumm~m JneerJ rf neCCSSary. Q ) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 2100 Bent Creek Rnulevarri nse..t,~..~,.~ti,,.,, r, ,, ..~., ,... _ 6orm 2W-oz rev. lo.l3.0( Pagel oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND administer the estate according to law. Sworn to or affirmed and subscribed . _ //_ ~ SS Signature ajPersanal Represerctative File Number: t~~~n2(.CJ~- QO? ~S n Estate of Edna Sweet Chase ,Deceased 0 Social Secur`i-tyy~/N/ufmber: 179-20-0825 /, Date of Death: 2/15/2009 AND NOW, _. ~ /~~t~ cY , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Deborah McHugh in the above estate and that the instrument(s) dated 12/20/1996 described in the Petition be admitted to probate and filed of records the last Wi)'I (and Codicj,l(.~) of Decedent. /' FEES ~(,C/Cl~l l Letters ............. .. .. $ 90 00 Register of Wills Short Certificate(s) ~.~°.~17.`.. $ 24 00 Attorney Signature: `~X'/T/T~Ie~L,-, e /,~~~o~.l Renunciation(s) ................ $ 5 00 ~ / Will ,, $ 15 00 Attorney Name: Jaccueline A Kellv JCP fee $ 10 00 automation fee Supreme Court I.D. No.: 91973 $ 5 00 $ Address: 845 Sir Thomas Court Suite 12 $ Harrisburg "" $ PA 17109 .... $ $ Telephone: 717-541-5550 TOTAL ............................. $ 149 00 l Iw G(.r_ ww-,.,1~ -fa f~rv~ey Form RW-01 rev. 10./3.06 Pag2 2 Of 2 The Petitioner(s) above-named swear(s) or affirm(s) [hat the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(sl will well and rn~l~ - bq ~S LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ Fce for this certilicaic ,16.00 P 15_2163 Certification Number 'fhiv is to certify that the ini urmatiort here given is correctly copied fi~om an original Certificate of Dcalh duly filed with me ^,v Locul Registrar. The original certificate will be limvarded to the State Vital Records Office lilt pernwnent filing. "~~i~'rc Er~~dl,~~ ~~ ~s11_l~ J_~ Local Registrar Dale Issued n N ~ _~ .r. ~J ~ _~O ~ JA t r `~. ~ 7 fTl f "'~ ~ ''1 l ; ~_, (~ ~. ~~) -i f 'D =~ r - ~ Il Z7 ~ W 1'j Y O ~O nno nxax I nve - PNrxr IN PEflrMHFNI BIPGI(INM 3 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH ICm rnna.....aa.. ~~~ ~ a SfAIE %tE N11MDfN 1 Hanredpn:eM"I lfxsl,nWf¢. Nat aWUl R.6e, 96xW 5enlroY Nr[rbr r. wool DOaN DNnm ye M+O Edna Sweet h bap lla9 BrrNnV1 UNrl Vtar UMa'IN BDMdBm"IMmN, yy. [v ]. - 2D - 0826 2 1 EJ D9 _ a aMgNa I ea. %andOaaln CMtm w») 81 nt /r ~ ~.», 7/16/27 Dunmore, P4 amt Asgiggted e"cwmrw Deam a<. cnr. ew",Tw. olDnN m.P». wm.nm rdamtn ^hy,.l»m ^fNlo,mare"I ^C9.a t]x,rarg Na,» ^Neacer.. t3ugm-sp.tmLlVi b 1 C pr. nr.M»W rurw 5. wss o..eamawN»»t orlrygY t~N" ^v.a la. wt..mr.rerr kd.,. 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LL r ' M1(V i ,rm r ~ - " `i L ~ ~ ~ 1:~1/ l ~ I/ l~ ~ p, n f /Cin•1 wa1~,mY.rnn are J!:<~~ H„~ _ Dre~,hi"" Ptrmq Nm o~ i ~.5 a sl t ll.~ ~~S_i`YS ~ ]L~ Vim. D9 ~'S EDNA 8. CHABE n ~ '' O ~~ -.,-_a~ a Introductory Clause. I, Edna S. Chase, a residen~~f.~nd ~~' '~ domiciled in the County of Pinellas and State of Florida, d~hereby~ make, publish and declare this to be my Last Will and ~estam@14t,! ;- hereby revoking all Wills and Codicils at any time her®~a~v,~e ode -7 by me. zi ~' _ r; ~~ ~" W , , I am married to Rodney H. Chase. ~ -,-`~' I have three living children: Cynthia Horan, born May 14, 1949; Deborah McHugh, born December 5, 1951; and Victoria Sweet, born April 16, 1954. ARTICLE I. General Beauest of Personal and Household Effects With a Mandatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, as follows: A. I may leave written memoranda disposing of certain items of my tangible personal property. Any such item of tangible personal property shall pass according to the terms of such memoranda in existence at the time of my death. If no such written memoranda is found or identified by my Personal Representative within ninety (90) days after my Personal Representative's qualification, it shall be conclusively presumed that there is no such memoranda and any subsequently discovered memoranda shall be ineffective. Any property given and devised to a beneficiary who is not living at the time of my death and for whom no effective alternate provision has been made shall pass according to the provisions of the following paragraph, and not pursuant to any anti-lapse statute. B memoranda property, effects of survive m bequeath mod.. ~ C~~~z~ PECAREK & HERMAN, CHARTERED LARGD, FLDRIDA (873) 584-8161 In default of such memoranda, or to the extent such do not completely or effectively dispose of such I give and bequeath the rest of my personal and household every kind to my husband, Rodney H. Chase, if he shall e. If my husband shall not survive me, I give and all this property to my children surviving me, in Pape 1 approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share their parent would have taken had he or she survived me. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Personal Representative. The cost of packing and shipping such property shall be charged against my estate as an expense of administration. ARTICLE II. Devise of Real Property. If at the time of my death I own an interest in real property commonly known as 242 East Union Boulevard, Bethlehem, Pennsylvania, I give all of my interest in said real property to my daughter, Victoria Sweet. if my said daughter shall predecease me, this devise shall lapse and said property shall pass as part of the residue of my estate under Article IIi. Pour-Over Gift to Trustee of Testatrix's Inter Vivos Trust. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, to the successor Trustee under that certain Trust Agreement between me as Settlor and me as Trustee executed prior to the execution of this Will on J7EL:~MBE~- a-fl 1996. My Trustee shall add the property bequeathed and devised by this Article to the principal of the above Trust and shall hold, administer and distribute the property in accordance with the provisions of the Trust Agreement, including any amendments thereto made before my death. ARTICLE IV. succession rersonal xepresentative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: A. Namino an Individual Personal Representative. I hereby nominate, constitute, and appoint as Personal Representative of this my Last Will and Testament my husband, Rodney H. Chase, and direct that he shall serve without bond. B. Namino Individual Successor or Substitute Personal Representative. If my individual Personal Representative should PELAREK 8 XERMIIN, CHARTERED LARCH, FLORIDA (813) 584-8161 Pe9e 2 fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative who shall also serve without bond shall be the next person willing to serve from the list below in the order named: Deborah McHugh Cynthia Horan Victoria Sweet C. Fee Schedule for Individual Personal Representative. For its services as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. Definition of Personal Representative. Whenever the word "Personal Representative" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative named herein and to any successor or substitute Personal Representative acting hereunder, and such successor or substitute Personal Representative shall possess all the rights, powers and duties, authority and responsibility conferred upon the Personal Representative originally named herein. ARTICLE VI. Powers for Personal Representative. By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Personal Representatives generally, my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard to the income tax basis of such asset, and in general, to exercise all the powers in the management of my Estate which any individual could exercise in the management of similar property owned in his or her own right, upon such terms and conditions as to my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in PECAREK 8 HERMAN, CHARTERED LARGO, FLORIDA (873) 584-8161 Page 3 any way by the specific grants of power made, and without the necessity of a court order. Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representative believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. in determining the state or federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions and shall have the discretion to file a joint income tax return with my husband. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this a?~ day of ~~~/n~-/~ , 1996. ~- ~'_~~ ~C'/rz,~.i (SEAL) Edna S. Chase Attestation Clause. The foregoing Will was this .Z 17 day of ~ECEMB~"~- 1996, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. L ~''/ .~ of ~ ~ Q ,~~~ ~~'~~~(~ Florida of / ~~{ ~ -,-~ " Florida PECAREK 8 HERMAN, CHARTERED LARCH, FLDRIDA (873) 564-8767 Page 4 PROOF OF WILL State of Florida County of Pinellas Self-Proving Affidavit We, Edna S. Chase, and ~-IICYS'~HA and the Testatrix and the witnesses, res ly, ose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. Subscribed, sworn to, and acknowledged before me by Edna S. Chase, the Testatrix, who produced her Florida Driver License as identification, and subscribed and sworn to before me ~IJGY SAHR a: witnesses, who are personally kI ~E7;E/YIIg~IZ- r 1996. - C AL NOTARY SEAL )OHN H PECAREK h'l7TARY PUBLIC STATE OF FLORIDA COiMU1SS10N NO. CC291924 r ~1d 4'Y'.ilM MISSION EXP. ULY 15,1997 by Edna S. Chase M1J t.] ~~ G] RENUNCIATION ,~ ~ J , , , ~, ~, REGISTER OF WILLS -> -o _ CUMBERLAND COUNTY, PENNSYLVANIA ,r' r' ~°' ~', c.a ; i .y .. n o Estate of Edna Sweet Chase a/k/a Edna S Chase ,Deceased I, Rodnev H. Chase , in my capacity/relationship as (Pnn( Name) Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Deborah McHugh ~'Y/a~~i ~0 ~(~U~ (Dare) ~~ f Executed in Register's Office Sworn to or affirmed and subscribed befot'e the this day of Deputy for Register of Wills Form XW-0(i rev. !0.!3.06 (S'ignat¢tre) 200 Lake Avenue. N E Aot 525 (Scree! Address) Largo FL 33771 (City, state. ZiPI Executed out of Register's Office Before the undersigned personally appeared the party axecuiing tltis renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~O day of MQn^-L; .7 0 0 . 0~~~~r,,~.,lrlC /I Notary Public=~` ~ /~ f~ My Commission Expires: </ / D/'~ (Signature and .Seal of Notary- or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) "' •• Linda J. Smith `b rAMMISSION#DD776746 o;'•.~e`c EXPIRES: APR. O7, 2012 ~~'%`.~,~;;.•`~, WWW.AARONNDTARYcom